Can the state of Texas indemnify?

The State of Texas is immune from liability and from suit with respect to most causes of action against it under the doctrine of sovereign immunity. This means that the State of Texas cannot be sued in its own courts without its legislature’s consent.

What is an indemnity agreement in Texas?

Indemnity clauses are contractual provisions that commit one party to compensate the other for losses arising out of a commercial contract.

Does Pennsylvania have an anti-indemnity statute?

Beyond the limited Act 164, Pennsylvania does not have an anti-indemnity statute regarding contracts for the industries identified above. While there is some case law governing indemnity language, Pennsylvania has no clear statutory prohibition of broad and intermediate forms of indemnity.

Is there common law indemnity in Texas?

Common law indemnity, on the other hand, has been abolished in Texas except in cases where the defendant’s liability is purely vicarious.

What is Texas Express negligence rule?

The express negligence doctrine states that a party seeking indemnity from the consequences of that party’s own negligence must express that intent in specific terms within the four corners of the contract.

What is the Texas Tort Claims Act?

The Texas Tort Claims Act (TTCA or Act) is a set of state statutes that determine when a city or other governmental entity may be liable for accidents or intentional acts that cause property damage or personal injury.

Are indemnification clauses enforceable?

Indemnification provisions are generally enforceable. There are certain exceptions however. Indemnifications that require a party to indemnify another party for any claim irrespective of fault (‘broad form’ or ‘no fault’ indemnities) generally have been found to violate public policy.

What is express contractual indemnity?

Definition. Express Contractual Indemnity is based upon a written agreement by one person to indemnify or hold another harmless from the legal consequences of its conduct. The scope of Express Contractual Indemnity depends upon the wording of the indemnity language.

What is contractual indemnification?

“To indemnify” means to compensate someone for his/her harm or loss. In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party’s actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.

Is there a common law right to indemnification?

In order to be entitled to common law indemnification (in the Labor Law context), a party must show (1) that it has been held vicariously liable without proof of any negligence or actual supervision on its part; and (2) that the proposed indemnitor was either negligent or exercised actual supervision or control over …

What is doctrine of indemnification?

Under the doctrine of indemnification, a defendant can shift some or all of its share of the damages to another defendant. This may occur, for example, by contract.

Can you indemnify for punitive damages?

Thus, the statute allows insurers to indemnify insureds for liability arising from grossly negligent or reckless misconduct, and thus would allow insurers to pay for punitive damages based on a defendant’s gross negligence or recklessness.